`ESTTA653727
`ESTTA Tracking number:
`02/03/2015
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`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`85781180
`Big Apple Performing Arts, Inc.
`YOUTH PRIDE CHORUS
`JASON M VOGEL
`KILPATRICK TOWNSEND & STOCKTON LLP
`1114 AVENUE OF THE AMERICAS
`NEW YORK, NY 10036-7703
`UNITED STATES
`NYTrademarks@KilpatrickTownsend.com
`Applicant's Request to Extend
`Request for an Extension of Time to File Appeal Brief in YOUTH PRIDE CHOR-
`US - SN 85781180.pdf(10647 bytes )
`Phillip A. Rosenberg
`NYTrademarks@KilpatrickTownsend.com, prosen-
`berg@kilpatricktownsend.com, agarcia@kilpatricktownsend.com
`/Phillip A. Rosenberg/
`02/03/2015
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`Proceeding
`Applicant
`Applied for Mark
`Correspondence
`Address
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`Submission
`Attachments
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`Filer's Name
`Filer's e-mail
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`Signature
`Date
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`In re application of:
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`Big Apple Performing Arts, Inc.
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`Serial No. 85781180
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`Filed: November 16, 2012
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`For: YOUTH PRIDE CHORUS
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`APPELLANT’S REQUEST FOR EXTENSION OF TIME TO FILE BRIEF
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`United States Patent and Trademark Office
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
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`Appellant Big Apple Performing Arts, Inc. (“BAPA” or “Appellant”), through its
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`attorneys, appealed the USPTO’s refusal to register Serial No. 85781180 (the “Application”) for
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`the YOUTH PRIDE CHORUS mark by filing a notice of appeal with the Board on November 7,
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`2014. See Dkt. No. 1. Concurrent with the notice of appeal, Appellant also filed with the
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`USPTO a Request for Reconsideration and a request that jurisdiction over the Application be
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`remanded to the Examining Attorney pending the Examining Attorney’s review of the Request
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`for Reconsideration. See Dkt. Nos. 1, 4.
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`On December 4, 2014, the Examining Attorney in the captioned action entered an order
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`denying Appellant’s Request for Reconsideration. See Dkt. No. 5. On December 6, 2014, the
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`Board issued a notice allowing Appellant sixty (60) days to file its appeal brief. Appellant’s
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`current deadline to file its brief is February 6, 2015.
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`According to TBMP § 1203.02(d), an extension of time for filing an appeal brief in an ex
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`parte appeal to the Board may be granted by the Board upon written request showing good cause
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`for the requested extension. The determination of good cause will be based upon all relevant
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`circumstances, including the length of time of any previously granted extensions. Id. Good
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`cause has been found when there has been illness. Id.
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`This is Appellant’s first request for extension of time to file its appeal brief. Appellant
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`hereby submits the present Request for additional time to file its appeal brief in the captioned
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`matter on the ground that the attorney representing Appellant, the undersigned, has recently
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`suffered a death in his immediate family and has had to, and continues to attend to, immediate
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`family needs. Requiring Appellant to file its appeal brief by the current February 6, 2015
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`deadline would cause undue a hardship on Mr. Rosenberg and as a result, Appellant.
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`The present Request for Extension of Time is timely and appropriate under TBMP
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`§1203.02(d). For good cause shown, Appellant hereby respectfully requests that the deadline to
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`file its appeal brief be extended an additional thirty (30) days up to and including March 8, 2015.
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`Dated: February 3, 2015
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`Respectfully submitted,
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`By: /Phillip A. Rosenberg/
` Phillip A. Rosenberg
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`Kilpatrick Townsend & Stockton LLP
`The Grace Building
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`1114 Avenue of the Americas, 21st Floor
`New York, New York 10036
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`Attorneys for Appellant
`Big Apple Performing Arts, Inc.
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`CERTIFICATE OF TRANSMISSION
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`I hereby certify that the foregoing paper is being filed electronically with the Trademark
`Trial & Appeal Board on the date shown below.
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`
`/Alberto Garcia/
`Alberto Garcia
`Date: February 3, 2015
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